1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

1. Facts of recognition;

A. On May 28, 2015, the Plaintiff purchased a building of 13 square meters for C, 13 square meters for D, 30 square meters for D, 106 square meters for E, and its ground, and completed the registration of ownership transfer on July 6, 2015, and thereafter, on February 16, 2016, the Plaintiff was merged into C, 149 square meters for D, and C, 10 square meters for D, 30 square meters for C, and 13 square meters for D, respectively (hereinafter “instant land”).

B. The Defendant, on May 27, 2004, purchased the ownership of a F 308 square meters (hereinafter “F land”) and a building on the land adjacent to the instant land, and acquired the ownership thereof. A part of the F land buildings owned by the Defendant, among the instant land owned by the Plaintiff, is 18 square meters in attached Form 1, 200 square meters in part, 9 square meters in part, 200 square meters in 3 square meters in 30 square meters in 18, 2003.

C. On March 3, 2016, the Defendant sold F land and buildings on which the first instance trial was pending, to G, and completed the registration of ownership transfer on April 5, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-4, Eul evidence 4-1 and Eul evidence 4-2, the result of the cadastral surveying conducted by the party appraiser H, the purport of the whole pleadings

2. According to the above fact of recognition as to the cause of claim, the Defendant, without any legal cause, shall be deemed to have occupied a part of the instant land owned by the Plaintiff and gain profit equivalent to the rent, and to have inflicted damages on the Plaintiff equivalent to the same amount. As such, the Defendant is obligated to pay to the Plaintiff the amount equivalent to rent for the portion of the instant land possessed from July 7, 2015 to April 5, 2016, where the Defendant lost its ownership of the F-based building from July 7, 2015 to April 5, 2016, as sought by the Plaintiff, after the Plaintiff acquired the ownership of the instant land by unjust enrichment from the date of the Plaintiff’s acquisition of the ownership of the instant land.

Comprehensively taking account of the respective descriptions and arguments in the health room, Gap evidence No. 2, Eul evidence No. 7 with regard to specific amounts, the officially announced land price of this case is KRW 421,900/m2 around May 2016, and the land of this case is leased without a deposit.